Many still know the American series “Knight Rider”, which not only focused on people, but also on a car. That vehicle could drive to the owner on call and also drive independently with the driver on board. So the driver could rest or even sleep. Many dream of such a car and now at least partially autonomous driving is possible. However, such autonomous driving comes with some legal concerns.
What does autonomous driving mean?
In autonomous driving, the car independently takes over activities such as braking, changing lanes, accelerating and parking. All of this works automatically and the driver only has to intervene when the situation becomes dangerous. Another goal is for the car to automatically pull out of a parking space when the owner calls it, or to look for a parking space after the driver has dropped off. Some of these ideas have already been implemented.
What functions are currently available?
There are already a few functions in cars that can be described as autonomous driving. A good example is cruise control, where once the set and desired speed has been set, the car itself is responsible for maintaining the speed. There are also lane departure warning systems, thanks to which a driver no longer has to take any action. The situation is similar with the distance assistant, which either brakes independently or gives the driver important information.
How is autonomous driving achieved?
For autonomous driving to work, the car needs numerous sensors. This is used, for example, to measure the distance to the vehicle in front. Such sensors are already installed in new vehicles, as a parking assistant proves. However, for a car to be able to drive completely independently, a higher level of technology is required. The vehicle must be equipped with several cameras in order to be able to recognize the traffic light and react to it.
Since the technology is not yet mature enough, cars are not yet able to drive completely independently. It is not yet possible for a car to leave the parking lot and drive to the owner when called. Self-parking is not yet possible either. Further limits arise due to various weather conditions and unpredictable, spontaneous traffic situations. At the same time, the car would have to be continuously informed about the current traffic situation via navigation system and satellite. In this way, the vehicle could independently select a detour.
Tip: You can read more about autonomous driving and the different stages at: bussgeld-info.de
Which legal aspects have to be considered?
Regardless of the lack of technology, there are other aspects to consider when driving independently. One of these is the legal area. This raises the question of who is liable in the event of an accident if the car steered itself. Currently still applies:
the person in the car must be able to intervene at any time
this rule falls under the driver’s duty of care, even when the car is driving autonomously
If an accident occurs, the driver and also the owner of the vehicle are always liable
However, the legal situation is somewhat more complicated as there are several stages of autonomous driving. For example, when using assistants, the driver of the vehicle is liable for every accident or violation of traffic regulations. This is justified by the fact that the assistant only supports the driver.
Important: Anyone who drives a semi-autonomous vehicle can also be held liable. In this case, the rule is: The driver must be able to take over the wheel at any time when requested by the car. For example, the driver of the car is not allowed to sleep.
Since May 2021 there has been a law in Germany that explicitly allows a vehicle to be driven without a human being. However, this only applies in predefined areas where the risk is reduced. At the same time, however, it was stipulated that one person must always be present to monitor the self-driving car and, if necessary, take the lead. However, this can be done remotely.
Who is allowed to drive an autonomous vehicle?
The hope that autonomous driving can be driven without a driver’s license has not yet been fulfilled. After all, the person sitting in the car must be able to intervene at any time and take complete control of the steering wheel. A driver’s license is therefore always required, with which the necessary knowledge has been acquired.
As a result, only adults may drive an appropriately equipped vehicle and under no circumstances may minors. It is not yet clear how accompanied driving will look in connection with autonomous cars.
However, there is one group of people who may benefit from autonomous driving: people with a physical disability. It may be challenging for this group of people to drive independently. A car that drives almost alone could be the solution here. But there is still no case law on this either. This is because it cannot be determined to what extent someone can take over the wheel themselves or at least intervene despite physical limitations.
New law comes into force: https://bmdv.bund.de/SharedDocs/DE/Article/DG/gesetz-zum-autonomen-fahren.html
points of contention inevitable
Fully automatic, autonomous driving is not yet ready. Once that happens and accidents happen, there will certainly be some lawsuits. It is quite conceivable that the vehicle owners will try to excuse themselves with regard to liability and shift the liability to the vehicle manufacturer. After all, it is largely down to the technology whether autonomous driving works or not.
On the other hand, it must not be forgotten that technology has its limits. It is now known that many sensors or cameras do not work properly in the right incidence of light. We humans know that when the sun is so low that it dazzles. Anyone who likes to take photos also knows the problem. In addition, the technology is not yet advanced enough to recognize the speed of vehicles ahead without any problems. Last but not least, it remains to be seen how quickly an autonomous car can react when an animal or human suddenly jumps onto the road.
As long as all this has not yet been clarified, autonomous driving will not be possible.